Practice point: To vacate a default in opposing defendant’s summary judgment motion, plaintiff is required to demonstrate a reasonable excuse for not opposing the motion and a potentially meritorious opposition to the motion, pursuant to CPLR 5015[a][1].
Student note: Plaintiff’s excuse of law office failure will be rejected if the record shows that the alleged mistake was not isolated, but rather part of a pattern of willful delay and default.
Case: Thapt v. Luthern Med. Ctr., NY Slip Op 08141 (2d Dept. 2011).
Here is the decision.
Tomorrow’s issue: Title to a motor vehicle.
